www.choosespain.com

Terms and Conditions

(1) Introduction

These terms and conditions in conjunction with our privacy statement and use of site govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

These terms and conditions also contain provisions relating to rental/sale property advertisements placed on our website, and responses to such advertisements. When you register with the website as a property advertiser or submit a property advertisement to the website, or when you seek to contact a property advertiser through our website, we will ask you to expressly agree to these terms and conditions.

Please note that we provide a facility to enable the publication of advertisements for rental/sale properties, and to enable customers looking for a rental/sale property to get in touch with advertisers. We do not act as a travel agency, property management company, booking agent or estate agency. We have not seen the properties advertised on this Website and so cannot confirm their legitimacy and therefore we give no guarantee of the description, standard or validity of the advertised property or advertiser. Please review Sections 6 to 9 and 11 for full details of the limitations and exclusions of our liability.

(2) Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence in Section 3 below, all these intellectual property rights are reserved.

You grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to:

(a) copy, store, host, transit, send and distribute;

(b) publish on the website and on any other website; and

(c) publish elsewhere for the purpose of marketing our website; all material that you submit to, publish on, or request that we publish on the website (including all property rental/sale advertisements).

You grant to us the right to sub-license any or all of these rights. You also grant to us the right, under Section 101A of the Copyright, Designs and Patents Act 1988, to bring an action for infringement of any or all of these rights.

(3) Licence to use website

You may view, download for caching purposes only, and print pages from the website for your own use, subject to the restrictions below.

You must not:

(a) publish or republish material from this website (including publication or republication on another website);

(b) sell, rent, license or sub-license (or purport to license or sub-license) material from the website;

(c) edit or otherwise modify any material from the website (save that registered advertisers may edit their details and advertisements using the website interface); or

(d) distribute or redistribute material from this website.

(4) Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or any of the areas of, or services on, the website.

You must not use our website:

(a) in any way which is unlawful, illegal, fraudulent or harmful; or

(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to store, host, copy, distribute, display, publish, transmit or send material which is illegal or unlawful, or which will or may infringe a third party's legal rights, or which could give rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website.

You must not use our website to send spam or any unsolicited commercial communications, or to store or distribute malicious software.

You must notify us immediately if you become aware of any material on the website that breaches or is liable to breach these terms and conditions.

(5) Restricted access

Access to certain areas of our website is restricted.

We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.

You must notify us immediately in the event that your user ID or password is compromised.

We may disable your user ID and password in our sole discretion.

(6) Our role

We act as an intermediary between customers and advertisers, providing a facility to enable the publication of advertisements for rental/sale properties, and to enable customers looking for a rental/sale property to get in touch with advertisers.

We do not act as a travel agency, property management company, booking agent or estate agency.

Where a rental/sale contract is entered into pursuant to an advertisement on our website, we are not a party to the contract itself, are not responsible for the rights and obligations of customers and advertisers in relation to that contract, and you agree not to hold us liable or to seek to hold us liable in relation to the contract.

If you have any question or complaint concerning any customer or advertiser contacted via the website, you should direct that question or complaint to the customer or advertiser concerned.

Without prejudice to the above, online bookings made in respect of any Euro Relais NL B.V. properties advertised on this site are made exclusively with Euro Relais NL B.V. and are subject to their terms and conditions. Any correspondence or queries following a booking of a Euro Relais NL B.V. property are to be directed to Euro Relais NL B.V. At:

Euro Relais NL B.V.
Doornakkersweg 26
NL-5642 MP Eindhoven NL
Telephone: 0800-0516731
Fax: 0031-(0)40-212-26-16
Homepage: www.belvilla.co.uk
E-Mail: info@belvilla.co.uk

(7) Terms for customers

In order to contact a rental/sale property advertiser through our website, you must click the relevant "Send Email" button on our website, and then complete an enquiry form. The contents of the form will be emailed directly to the property advertiser. Users can also contact advertisers by telephone or by clicking on the advertiser's private website link.

We do not charge customers for this service.

By using this service, you warrant that:

(a) all enquiries made via the website will be bona fide property rental/sale enquiries; and

(b) all the information you provide to the property advertiser is true, accurate, complete and not misleading.

Subject to the first paragraph of Section 11 below, we do not warrant or guarantee that properties advertised on the website will be available, that the properties advertised will conform with any description on the website, or that properties advertised will be safe, in a satisfactory condition or suitable for any particular purpose, or that advertisers or their advertised properties are bona fide, or that advertisers will make available properties that have been paid for.

(8) Terms for rental/sale property advertisers

You must be at least 18 years of age to register as a rental/sale property advertiser with our website.

In order to advertise a rental/sale property through our website, you must click the "register now" button on our website, and then complete the online form. After you have completed that form, you will be able to log in to our website using your username and password.

You may then submit advertisements for rental/sale properties for publication upon the website using the website interface. Advertisements run for periods of one year from the date of first publication of the relevant advertisement for rental properties and six months for sale properties, unless we expressly agree otherwise.

We will review rental/sale property advertisements after submission, usually within 4 working days of submission. We will contact you to discuss any amendments required to an advertisement. We may in our absolute discretion refuse to publish any advertisement on the website (with or without explanation).

You must not submit an advertisement for a rental/sale property unless you are the owner of the property or have the express authority of the owner of the property to do so.

In addition to complying with the other provisions of these terms and conditions, advertisers must ensure that their advertisements do not infringe any person's copyright or other intellectual property rights under any applicable law. Advertisers must also ensure that advertising content is suitable for the website, that advertising text is in clear and appropriate English, and that advertising photographs are of a reasonable quality and free from watermarks. Advertisers acknowledge that we may edit advertisements and publish edited advertisements without the advertiser's consent.

You agree to:

(a) keep your personal details (including without limitation contact details) supplied to us up-to-date at all times;

(b) ensure that your advertisements on our website are bona fide advertisements for rental/sale properties;

(c) ensure that all advertisements (including without limitation calendars) and all other information you provide to us and/or a customer or potential customer is true, accurate, complete, not misleading and kept up-to-date;

(d) answer all customer enquiries promptly and in a professional manner (whether or not the relevant property is available);

(e) ensure that all dealings with us and with customers are conducted in a professional manner; and

(f) not act in any way which we consider may have a negative impact upon our goodwill or reputation, or the goodwill or reputation of the website.

Advertisers must log into the website at least once in every two week period to check that their details, and their advertisements, remain correct and up-to-date.

At any time after we make a prima facie decision an advertisement will be published on the website, we will send to you an invoice in respect of our charges for the advertisement, and you must pay to us the charges within 14 days from the date of our invoice. We may in our sole discretion delay the publication of an advertisement until after payment has been received in cleared funds.

If, after receipt of payment, we decide not to publish an advertisement, we will notify you and refund to you the applicable charges within 30 days of our decision.

The amounts of the charges will be as set out on our website in respect of the relevant advertisement period.

All charges stated on the website are stated exclusive of VAT (unless the context requires otherwise).

Charges must be paid by cheque, bank transfer, PayPal, credit/debit card or using any other means specified on our invoice from time to time.

We may vary charges from time to time by posting new charges on our website, but such variations will not affect advertisements that have already been paid for.

Property advertisements which expire will be removed from the website (usually 2 weeks after expiration, although we do not guarantee this) and deleted from our database (usually 4 weeks after expiration, although again we do not guarantee this).

Subject to the first paragraph of Section 11 below, we do not warrant or guarantee that advertisements will receive any hits or enquiries, that customers are bona fide, or that customers will pay for properties.

(8a) Cancellation Policy

If after submitting your registration and having made payment for the service we offer, you want to cancel this service, you may do so within a period of seven working days from receipt of payment. This is on the proviso that no enquiries have been sent from our website in respect of your advertisement. To cancel the advertising you must contact us by email enquiries@choosespain.com stating your property reference number and Username. This seven day cancellation period only applies to initial advertising and not to subsequent renewal periods.

Advertisers who cancel (after the intial seven day period) or delete advertisements before the end of the advertising period will not be entitled to a refund of charges. Nor will advertisers whose accounts and/or advertisements are suspended, blocked or deleted under Section 12 be entitled to any refund of charges.

(9) Further warranties and warranty limitations

We will use reasonable endeavours to maintain the availability of paid-for advertisements on our websites, but we do not warrant that the advertisements (or the website generally) will be available 100% of the time.

Whilst we endeavour to ensure that the information on this website produced by us is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the material on the website is kept up-to-date.

We warrant to registered property advertisers that we will provide the paid-for website services with reasonable care and skill.

Subject to this, and to the maximum extent permitted by applicable law we exclude all representations, warranties and conditions.

We reserve the right to change, alter, supplement and/or discontinue the website, the design of the website, and all website features in our sole discretion without notice or explanation.

We cannot prevent spam or fraudulent enquiries being sent through the site, although we can implement a spam blocker on suspected email addresses once we are made aware of non-bonafide enquiries. Furthermore, we cannot accept any responsibility for any communications entered into between a site user/advertiser and any suspected fraudster or spammer. Potential renters/buyers and property owners/agents must remain vigilant for fraudulent enquiries/property adverts and report any suspicious activity.

We cannot guarantee that enquiries sent from our site will reach the advertiser. We have no control over an enquiry once it leaves our server.

(10) Indemnity

You will indemnify us and keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(11) General limitations of liability

Nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, and to the extent that the information on this website is provided free-of-charge, you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website, and we hereby exclude all such liability.

In addition, and subject to the first paragraph of this Section 11, we will not be liable for any consequential, special or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise; nor will we be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise; nor will we be liable for any loss or damage arising out of any event or series of events beyond our reasonable control.

(12) Breaches of these terms

Without prejudice to our other rights under these terms and conditions, if you breach these terms in any way, or if we reasonably suspect that you have breached any of these terms in any way, we may:

(a) delete or edit any of your advertisements;

(b) send you one or more formal warnings;

(c) temporarily suspend your account and/or your access to the website;

(d) delete your account with the website and/or permanently prohibit you from using the website;

(e) block computers using your IP address from accessing the website;

(f) contact your internet services provider and request that they block your access to the website; and/or

(g) bring court proceeding against you for breach of contract or otherwise.

Where we suspend or prohibit your access to the website or a part of the website, you must not take any action to circumvent such suspension or prohibition (including without limitation using a different account).

(13) Variation

We may revise these terms and conditions from time-to-time by publishing a new version on the website and notifying registered advertisers of the variation.

Variations will come into force after 28 days following the issue by us to our registered advertisers of a notice of variation. If an advertiser does not accept the varied terms and conditions, the advertiser must notify us before the end of that period that they are not accepted, in which case that particular advertiser's advertisements will remain subject to the previous terms and conditions until the end of the period in respect of which each relevant advertisement has been purchased (at the end of which the advertisement will be removed from the website unless the advertiser agrees to the new terms and conditions and pays the appropriate charges). Advertisers taking advantage of free advertising periods must accept new terms and conditions or their advertisements will be removed from the website.

(14) Filing

We will not file a copy of these terms and conditions specifically in relation to you, and they may not be accessible on our website in future. You should therefore print a copy of these terms and conditions for future reference.

(15) Hyperlinks

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(16) Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(17) Law, jurisdiction and language

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

These terms and conditions are provided in the English language only.

(18) Our details

The full name of our company is Choose Spain Limited.

Our company is registered in England and Wales.

Our registration number is 4678357, our registered office is at Windover House, Saint Ann Street, Salisbury, Wiltshire SP1 2DR, and our principal place of business is at 47 Gwealhellis Warren, Helston, Cornwall, UK, TR13 8PQ.

Our email address is enquiries@choosespain.com.